Custody of the child is a issue that is to be decided by the court when two couples fight and get into legal tussle….

The children are the one who suffers….

If they stay with mother they will crave love and attention of the father and vice versa….

So there has to be a solution to this problem…..

Most importantly how court takes up such tough decisions?

I have done some research on the issue and found certain case laws which will clear all your doubts…

In a case of Jagdish vs Sunita the court considers following issues before granting custody to any party…

Q1. who would care the child better?

Q2. Where he is likely to be more happy?

Q3. By whom physical and mental development or comfort of the child be better looked after?

Q4. Who has capacity to provide better education and nursing of child?

Q5 Who would be available for love and affection of child?

Court has to due weightage to the child ordinary contentment, health, education, intellectual development and favorable surroundings but over and above physical comfort, moral and ethical value also to be noted. They are of equal importance..Mousmi Moitra Ganguli supreme court case…

How court decide custody in favor of father?

Now if the husband is able to satisfy all the questions as stated above the court will able to decide custody in favor of father…

Here are some case laws…

In Mamta Devi Vs. Dinesh Kumar…The court has held that the father is entitled for custody of the minor child as mother abandoned the child in her infancy and she did not even enquired about the health of the minor child who was suffering from epilipsy.

In Shaleen Kabra Vs. Shivani Kabra…Wife was not able to take care of the educational needs of the child and while her husband is an IAS officer and can very well take care of the educational needs of the minor child. The father also have the custody of the brother of the minor child and it would be better if both live together..

In case of Ravi Kumar Vs. Manju The child was living with father and grandmother and was happy with them…The custody to mother was denied in this case as child wishes are also taken into account while deciding custody related cases. .However visitation rights were granted…

Custody to father denied as he has taken ground of custody only his financial condition…

In Rajiv chouksy v Kriti chouksy The custody of minor child was denied to father as father only wanted custody on the ground that he has better financial capacity and will be able to maintain the child properly. However wife said that she is maintaining the child properly and giving education and she could also get maintenance under 125 crpc only on ground of financial condition of father the custody cannot be changed…

Nitish Banka

Nitish Banka is an advocate practicing in Supreme Court of India and can be reached at [email protected] or 9891549997